Sen. Gary Forby
Filed: 5/20/2016
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1 | AMENDMENT TO SENATE BILL 553
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2 | AMENDMENT NO. ______. Amend Senate Bill 553 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Concealed Carry Act is amended by | ||||||
5 | changing Sections 40 and 60 as follows: | ||||||
6 | (430 ILCS 66/40)
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7 | Sec. 40. Non-resident license applications. | ||||||
8 | (a) For the purposes of this Section, "non-resident" means | ||||||
9 | a person who has not resided within this State for more than 30 | ||||||
10 | days and resides in another state or territory. | ||||||
11 | (b) The Department shall by rule allow for non-resident | ||||||
12 | license applications from any state or territory of the United | ||||||
13 | States with laws related to firearm ownership, possession, and | ||||||
14 | carrying, that are substantially similar to the requirements to | ||||||
15 | obtain a license under this Act. | ||||||
16 | (c) A resident of a state or territory approved by the |
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1 | Department under subsection (b) of this Section may apply for a | ||||||
2 | non-resident license. The applicant shall apply to the | ||||||
3 | Department and must meet all of the qualifications established | ||||||
4 | in Section 25 of this Act, except for the Illinois residency | ||||||
5 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
6 | Section 4 of the Firearm Owners Identification Card Act. The | ||||||
7 | applicant shall submit: | ||||||
8 | (1) the application and documentation required under | ||||||
9 | Section 30 of this Act and the applicable fee; | ||||||
10 | (2) a notarized document stating that the applicant: | ||||||
11 | (A) is eligible under federal law and the laws of | ||||||
12 | his or her state or territory of residence to own or | ||||||
13 | possess a firearm; | ||||||
14 | (B) if applicable, has a license or permit to carry | ||||||
15 | a firearm or concealed firearm issued by his or her | ||||||
16 | state or territory of residence and attach a copy of | ||||||
17 | the license or permit to the application; | ||||||
18 | (C) understands Illinois laws pertaining to the | ||||||
19 | possession and transport of firearms; and | ||||||
20 | (D) acknowledges that the applicant is subject to | ||||||
21 | the jurisdiction of the Department and Illinois courts | ||||||
22 | for any violation of this Act; | ||||||
23 | (3) a photocopy of any certificates or other evidence | ||||||
24 | of compliance with the training requirements under Section | ||||||
25 | 75 of this Act; and | ||||||
26 | (4) a head and shoulder color photograph in a size |
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1 | specified by the Department taken within the 30 days | ||||||
2 | preceding the date of the application. | ||||||
3 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
4 | identification card, a non-resident applicant shall provide | ||||||
5 | similar documentation from his or her state or territory of | ||||||
6 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
7 | Card, the applicant shall submit documentation and information | ||||||
8 | required by the Department to obtain a Firearm Owner's | ||||||
9 | Identification Card, including an affidavit that the | ||||||
10 | non-resident meets the mental health standards to obtain a | ||||||
11 | firearm under Illinois law, and the Department shall ensure | ||||||
12 | that the applicant would meet the eligibility criteria to | ||||||
13 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
14 | resident of this State. | ||||||
15 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
16 | transporting a concealed firearm within his or her vehicle in | ||||||
17 | Illinois, if the concealed firearm remains within his or her | ||||||
18 | vehicle and the non-resident: | ||||||
19 | (1) is not prohibited from owning or possessing a | ||||||
20 | firearm under federal law; | ||||||
21 | (2) is eligible to carry a firearm in public under the | ||||||
22 | laws of his or her state or territory of residence, as
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23 | evidenced by the possession of a concealed carry license or | ||||||
24 | permit issued by his or her state of residence, if
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25 | applicable; and | ||||||
26 | (3) is not in possession of a license under this Act. |
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1 | If the non-resident leaves his or her vehicle unattended, | ||||||
2 | he or she shall store the firearm within a locked vehicle or | ||||||
3 | locked container within the vehicle in accordance with | ||||||
4 | subsection (b) of Section 65 of this Act. | ||||||
5 | (f) Notwithstanding whether the laws of the state or | ||||||
6 | territory where the non-resident resides related to firearm | ||||||
7 | ownership, possession, and carrying, are substantially similar | ||||||
8 | to the requirements to obtain a license under this Act, the | ||||||
9 | Department shall, no later than 120 days after the effective | ||||||
10 | date of this amendatory Act of the 99th General Assembly, allow | ||||||
11 | for a non-resident license application if the applicant is an | ||||||
12 | active duty member of the Armed Forces of the United States who | ||||||
13 | is stationed in this State and lives in this State.
A | ||||||
14 | non-resident active duty member of the Armed Forces of the | ||||||
15 | United States who is stationed in this State and lives in this | ||||||
16 | State shall apply to the Department and must meet all of the | ||||||
17 | qualifications established in Section 25 of this Act and shall | ||||||
18 | submit: | ||||||
19 | (1) the application and documentation required under | ||||||
20 | subsection (b) of Section 30 of this Act and the applicable | ||||||
21 | fee; | ||||||
22 | (2) a photocopy of a valid military identification card | ||||||
23 | or Official Proof of Service Letter; and | ||||||
24 | (3) a photocopy of permanent change-of-station orders | ||||||
25 | to an assignment in this State. | ||||||
26 | In lieu of an Illinois driver's license or Illinois |
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1 | identification card, a non-resident applicant under this | ||||||
2 | subsection (f) shall provide similar documentation from his or | ||||||
3 | her state or territory of residence. A non-resident licensee | ||||||
4 | approved under this subsection (f) shall notify the Department | ||||||
5 | 30 days following a permanent change of station move to an | ||||||
6 | assignment outside of this State and shall surrender his or her | ||||||
7 | license to the Department. A license issued under this | ||||||
8 | subsection (f) shall expire on the earlier date of: (i) 5 years | ||||||
9 | from the date of issuance; or (ii) the date the licensee's | ||||||
10 | assignment in this State terminates. The Department may adopt | ||||||
11 | rules necessary to implement the provisions of this amendatory | ||||||
12 | Act of the 99th General Assembly through the use of emergency | ||||||
13 | rulemaking in accordance with Section 5-45 of the Illinois | ||||||
14 | Administrative Procedure Act for a period not to exceed 180 | ||||||
15 | days after the effective date of this amendatory Act of the | ||||||
16 | 99th General Assembly.
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17 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, | ||||||
18 | eff. 7-20-15.) | ||||||
19 | (430 ILCS 66/60)
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20 | Sec. 60. Fees. | ||||||
21 | (a) All fees collected under this Act shall be deposited as | ||||||
22 | provided in this Section. Application, renewal, and | ||||||
23 | replacement fees shall be non-refundable. | ||||||
24 | (b) An applicant for a new license or a renewal shall | ||||||
25 | submit $150 with the application, of which $120 shall be |
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1 | apportioned to the State Police Firearm Services Fund, $20 | ||||||
2 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
3 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
4 | (c) A non-resident applicant for a new license or renewal | ||||||
5 | shall submit $300 with the application, of which $250 shall be | ||||||
6 | apportioned to the State Police Firearm Services Fund, $40 | ||||||
7 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
8 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
9 | (d) A licensee requesting a new license in accordance with | ||||||
10 | Section 55 shall submit $75, of which $60 shall be apportioned | ||||||
11 | to the State Police Firearm Services Fund, $5 shall be | ||||||
12 | apportioned to the Mental Health Reporting Fund, and $10 shall | ||||||
13 | be apportioned to the State Crime Laboratory Fund.
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14 | (e) An applicant for a new license or a renewal who is a | ||||||
15 | non-resident active duty member of the Armed
Forces of the | ||||||
16 | United States stationed in this State shall submit $150 with | ||||||
17 | the application, of which $120 shall be apportioned to the | ||||||
18 | State Police Firearm Services Fund, $20 shall be apportioned to | ||||||
19 | the Mental Health Reporting Fund, and $10 shall be apportioned | ||||||
20 | to the State Crime Laboratory Fund. | ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13.) | ||||||
22 | Section 10. The Wildlife Code is amended by adding Section | ||||||
23 | 3.4b as follows: | ||||||
24 | (520 ILCS 5/3.4b new) |
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1 | Sec. 3.4b. Exemption. Persons licensed to possess a | ||||||
2 | concealed firearm under the Firearm Concealed Carry Act and | ||||||
3 | current or retired police officers authorized by law to possess | ||||||
4 | a concealed firearm shall be exempt from provisions of this | ||||||
5 | Code prohibiting possession of those firearms. However, | ||||||
6 | nothing in this Section authorizes the use of those firearms | ||||||
7 | except as authorized in the Firearm Concealed Carry Act, this | ||||||
8 | Code, or other law.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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